Visa cancellation provisions exist to "protect the integrity of Australia's visa system", according to immigration and citizenship minister Chris Bowen, whose department is currently considering action against an alleged people smuggler.
Speaking on Friday (June 15), Bowen asserted that his team is investigating allegations that Ali Al Abassi, who is also known as Captain Emad, may have given misleading information when claiming asylum.
Discrepancies in information provided to the Department of Immigration and Citizenship during a visa application could result in the cancellation of Al Abassi's visa under Section 109 of the Migration Act.
The allegations, which were made more than a week ago, are separate from ongoing investigations being carried out by the Australian Federal Police, according to Bowen.
Al Abassi left Australia earlier this month after an episode of the ABC's current affairs program Four Corners alleged that he captained a boat full of asylum-seekers travelling to Australia from Indonesia in 2010, but behaved like an ordinary passenger when the boat was intercepted by authorities.
In his June 15 statement, Bowen did not comment on the current location of the so-called Captain Emad, or speculate on whether he intended to return to Australia.
However, he made it clear that Al Abassi will be presented with a formal notice regarding the cancellation of his visa if he returns to Australia.
"He would then have an opportunity to respond and provide reasons why the visa should not be cancelled before a final decision is made," Bowen explained.
Migration agents preparing visa cases should be aware of these provisions and inform their clients of the consequences of providing false information to back up a visa application.
Long-standing visa cancellation provisions apply to holders of Australian protection visas, as well as those who hold student, tourist, temporary skilled migrant and permanent visas.
Earlier this month, Bowen told Lyndal Curtis of ABC News 24 that he does not "have any tolerance at all for people gaining refugee status on false information".
He also remarked that allegations against Captain Emad represent "a pretty powerful argument for offshore processing", particularly when it comes to the dangers of travelling at sea.
Bowen also argued that offshore processing would help to address some of the "complexities" that arise when asylum-seekers are placed in detention, or when an individual's refugee status is called into question.